HomeMy WebLinkAboutOrdinances - MC-07-933 - 09/24/2007 - AMEND AND UPDATE MC CH 16 PARKS AND RECOrdinance No MC-07- 933
An Ordinance providing for updates to
Chapter 16 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 16 Parks and Recreation of the City of McHenry Municipal Code
is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 16
PARKS AND RECREATION*
Sec. 16-1. Definitions.
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have
the meaning given herein.
Director means the Director of Parks and Recreation or his designee, the Parks and Recreation
Department Staff, or a person immediately in charge of any park area and its activities, and to
whom all park attendants of such area are responsible.
Park means a park, reservation, playground, beach, recreation center, McCullom Lake, or any
other area in the City, owned or used by the City, and devoted to active or passive recreation.
Vehicle means any wheeled conveyance, whether motorpowered, animal -drawn, or
self-propelled. The term shall include any trailer in tow of any size, kind or description.
Exception is made for baby carriages and vehicles in the service of the City parks.
Sec. 16-2. Duty to enforce.
The Director and park attendants shall, in connection with their duties imposed by law, diligently
enforce the provisions of this Chapter.
Sec. 16-3. Ejection of violators.
The Director and any park attendant shall have the authority to eject from the park any person acting in
violation of this Chapter.
Sec. 16-4. Seizure of property.
The Director and any park attendant shall have the authority to seize and confiscate any property, thing
or device in the park, or used, in violation of this Chapter.
Sec. 16-5. Damaging property.**
No person in a park shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove,
any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or
other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or
permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment,
facilities or park property or appurtenances whatsoever, either real or personal.
* Cross Reference - Amusements, Ch. 5; set -back requirements for structural playground
equipment, Sec. 17-5; operation of snowmobiles in parks, Sec. 13-9027
** Cross Reference - Damaging property, Sec. 14-32.
Sec. 16-6. Maintenance, use of restrooms, washrooms.
No person in a park shall fail to cooperate in maintaining restrooms and washrooms in a neat and
sanitary condition. No person over the age of four years shall use the restrooms and washrooms
designated for the opposite sex.
Sec. 16-7. Removal of natural resources.
No person in a park shall dig or remove any beach sand, whether submerged or not, or any soil, rock,
stones, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by
stool, equipment, blasting, or other means or agency.
Sec. 16-8. Permit required for structures, utilities.
No person in a park shall construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, or run or string any public service utility into, upon, or across such
lands, except on special written permit issued hereunder.
Sec. 16-9. Damaging plants.*
No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or
pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other
contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any
other way injure or impair the natural beauty or usefulness of any area.
Sec. 16-10. Climbing, sitting on trees, fixtures.
No person in a park shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railing,
fences or upon any other property not designated or customarily used for such purposes.
Sec. 16-11. Molesting animals, birds.**
No person in a park shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at
any animal, reptile or bird; nor shall he remove or have in his possession the young of any wild animal,
or the eggs or nest or young of any reptile or bird; nor shall he collect, remove, have in his possession,
give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen alive or dead of
any of the group of treesnails. Exception to the foregoing is made in that snakes known to be deadly
poisonous, such as rattlesnakes, moccasins, coral snakes, or other deadly reptiles, may be killed on sight.
This section is not intended to prohibit the taking of fish by legal means.
Sec. 16-12. Feeding animals, birds.
No person in a park, shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or
other known noxious substances.
Sec. 16-13. Pollution of waters.
No person in a park shall throw, discharge, or otherwise place or cause to be placed in the waters of any
fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary,
stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of said waters.
Cross Reference - Damaging property, Sec. 14-32.
** Cross Reference - Cruelty to animals generally, Sec. 6-1.
Sec. 16-14. Refuse and trash disposal.*
No person in a park shall have brought in or shall dump, deposit or leave any bottles, broken glass,
ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash
shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but
shall be placed in the proper receptacles where these are provided; where receptacles are not so
provided, all such rubbish or waste shall be carried away from the park by the person responsible for its
presence, and properly disposed of elsewhere.
Sec. 16-15. Areas for swimming.
No person in a park shall swim, bathe, or wade in any waters or waterways in or adjacent to any park,
except in such waters and at such places as are provided therefor, and in compliance with such
regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters
or places customarily designated for the purpose of swimming or bathing, or congregate thereat when
such activity is prohibited by the Health Department upon a finding that such use of the water would be
dangerous or otherwise inadvisable.
Sec. 16-16. Swimming hours.
No person in a park shall frequent any waters or places designated for the purpose of swimming or
bathing, or congregate thereat, except between such hours of the day as shall be designated by the
Director or the City Council for such purposes for each individual area.
Sec. 16-17. Structures on beaches.
No person in a park shall erect, maintain, use or occupy on or in any beach or bathing area any tent,
shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or
structure from at least two (2) sides; nor shall any guy wire, rope or extension or exterior brace or
support be connected or fastened from any such structure to any other structure, stake, rock or other
object outside thereof.
Sec. 16-18. Place for dressing, undressing.
No person in a park shall dress or undress on any beach, or in any vehicle, toilet or other place, except in
such bathing houses or structures as may be provided for that purpose.
Sec. 16-19. Areas for boating.
No person in a park shall bring into or operate any boat, raft, or other water craft, whether
motor -powered or not, upon any waters, except at places designated for boating by the Director. Such
activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
Sec. 16-20. Use of public docks.
No person in a park shall use the public docks for dockage or other purpose without first making
arrangements for such accommodation with the Director, or the City Council, who shall assign space
and collect reasonable rental charges in conformity with established regulations and rates.
* Cross Reference - Garbage and refuse generally, Sec. 11-78 et seq.
Sec. 16-20.1. Unlawful boat docking. (MC-90-537)
It shall be unlawful for any person to dock any boat between sunset and sunrise at any of the following
locations:
(a) Walsh Park frontage on Boone Creek;
(b) Weber Park frontage on the Fox River;
(c) City Beach properties fronting on McCullom Lake;
(d) Miller's Riverfront Park frontage on the Fox River.
Sec. 16-21. Reckless operation of boats.
No person shall operate any boat on any body of water within the City limits of the City of McHenry,
Illinois with a willful or wanton disregard for the safety of persons or property, nor in such a manner as
to annoy, frighten or endanger any other person who may then be on or in any such body of water.
Sec. 16-22. Boating hours.
No person in a park shall launch, dock or operate any boat of any kind on any waters between the
closing hour of the park at night and opening hour the following morning, nor shall any person be on, or
remain on or in, any boat during the said closed hours of the park.
Sec. 16-23. Firearms and weapons.*
No person in a park shall use, carry, or possess firearms of any descriptions, or air rifles, paintball guns,
spring -guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and
dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any
kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
Sec. 16-24. Picnicking.
(a) No person in a park shall picnic or lunch in a place other than those designated for that
purpose. Park attendants shall have the authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors
shall comply with any directions given to achieve this end.
(b) No person in a park shall violate the regulation that use of the individual cooking grills
together with tables and benches follows generally the rule of "first come, first served."
(c) No person in a park shall use any portion of the picnic areas or of any of the buildings or
structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any
person use such area and facilities for an unreasonable time if the facilities are crowded.
(d) No person in a park shall leave a picnic area before the fire is completely extinguished
and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the
disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash
shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
(e) Where a permit for group activities has been issued pursuant to Section 16-45,
subsections (b) and (c) of this Section shall not apply to individual members of the group for which the
permit was issued.
Cross Reference - Weapons generally, Sec. 14-64 et seq.
Sec.16-25. Camping.
No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight
camping, nor shall any person leave in a park after closing hours any movable structure or special
vehicle to be used for such purpose, such as house -trailer, camp -trailer, camp -wagon, or the like.
Exception to this Section shall be granted only by permission of City Council or Director for specific
events.
Sec. 16-26. Games, recreational activities limited.
No person in a park shall take part in or abet the playing of any games involving thrown or otherwise
propelled objects such as stones, arrows, javelins or model airplanes except in areas set apart for such
forms of recreation. The playing of rough or comparatively dangerous games is prohibited except on the
fields and courts or areas provided therefor. Rollerskating, skateboarding, cycling shall be confined to
those areas specifically designated for such recreational activities.
Sec. 16-27. Horseback riding.
No person in a park shall ride a horse except on designated bridle trails. Where permitted, horses shall
be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to
graze or go unattended, nor shall they be hitched to any rock, tree or shrub.
Sec. 16-28. Intoxicating beverages.* (MC-94-629)
(a) Prohibition. No person shall possess or drink any alcoholic beverages at any time in any
City park, except beer and/or wine which may be consumed pursuant to a City Park Beer/Wine Permit
issued by the Mayor. No such permit, however, may be issued unless an application for such permit has
been filed and the City Council has authorized its issuance. Such permit shall be valid only for the
period issued and shall be subject to inspection by any City official, police officer or park personnel
upon request.
(b) Drunkenness. No person in a park shall have entered or be under the influence of
intoxicating liquor.
(c) Penalty. Any person violating this section shall be fined not less than $400 for each
offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City.
Each day that a violation continues shall be considered a separate offense.
Sec. 16-29. Fireworks and explosives.**
No person in a park shall bring in, have in his possession, set off or otherwise cause to explode or
discharge or burn, any firecracker, torpedo, rocket, or other fireworks or explosives of inflammable
material, or discharge them or throw them into any such area from land or highway adjacent thereto.
This prohibition includes any substance, compound, mixture, or article that in conjunction with any
other substance, or compound, would be dangerous from any of the foregoing standpoints. Professional
fireworks displays allowed only by City Council permit.
Sec. 16-30. Pets and domestic animals.***
No person in a park shall be responsible for the entry of a dog or other domestic animal into park areas.
* Cross Reference - Alcoholic beverages generally, Ch. 4.
** Cross Reference - Fireworks and explosives generally, Sec. 10-33 et seq.
* * * Cross Reference - Animals generally, Ch. 6.
Sec. 16-31. No smoking in any enclosed park facility building.
Smoking in any/all enclosed buildings located in a park facility is hereby prohibited in order to be in
compliance with the Illinois Clean Air Act.
Sec. 16-32. Soliciting alms, contributions.*
No person in a park shall solicit alms or contributions for any purpose, whether public or private
without City Council approval.
Sec. 16-33. Fires.**
No person in a park shall build or attempt to build a fire except in such areas and under such
regulations as may be designated by the Director. No person shall drop, throw, or otherwise scatter
(lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any
park area or on any highway, road or street abutting or contiguous thereto.
Sec. 16-34. Use of closed areas.
No person in a park shall enter an area posted as "Closed to the Public" nor shall any person use, or
,abet the use of any area in violation of posted notices.
Sec. 16-35. Games of Chance.***
No person in a park shall gamble, or participate in or abet any game of chance.
Sec. 16-36. Going onto ice.
No person in a park shall go onto the ice on any of the waters except such areas as are designated as
skating rinks and are used for ice fishing when ice is at a minimum of four inches thick.
Sec. 16-37. Loitering and boisterousness.****
No person in a park shall sleep or protractedly lounge on the seats, benches, or other areas, or engage
in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
Sec. 16-38. Duty to exhibit permits.
No person in a park shall fail to produce and exhibit any permit from the Director he claims to have
upon request of any authorized person who shall desire to inspect the same for the purpose of
enforcing compliance with any ordinance or rule.
Sec. 16-39. Interference with permittees.
No person in a park shall disturb or interfere unreasonably with any person or party occupying any area,
or participating in any activity, under the authority of a written permit issued by the City.
* Cross Reference - Charitable solicitation generally, Sec. 19-13 et seq.
** Cross Reference - Fire protection and prevention generally, Ch. 10.
*** Cross Reference - Gambling generally, Sec. 14-29 et seq.
* * * * Cross Reference - Disorderly conduct, Sec. 14-4; loitering generally,
Sec. 14-10.
Sec. 16-40. Vending and peddling.*
No person in a park shall expose or offer for sale any article or thing, nor shall he station or place any
stand, cart, or vehicle for the transportation, sale or display of any such article or thing. Exception is
hereby made as to any regularly licensed concessionaire acting by and under the authority and regulation
of the Director and/or City Council.
Sec. 16-41. Advertising and signs.**
(a) No person in a park shall announce, advertise, or call the public attention in any way to
any article or service for sale or hire.
(b) No person in a park shall paste, glue, tack or otherwise post any sign, placard,
advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign
whatever on any public lands or highways or roads adjacent to a park.
* Cross Reference - Solicitors and peddlers generally, Ch. 19.
** Cross Reference - Advertising generally, Ch. 3.
Sec. 16-42. Park closing hours. (MC-95-640)
A. The closing hours for each individual park shall be as follows:
NAME OF PARK
CLOSING HOURS
1.
Althoff Park
Dusk
.2.
Boulder Creek
Dusk
3.
Brookside Trail
Dusk
4.
Center Street Park
Dusk
5.
Cold Springs Park
Dusk
6.
Creekside Park
Dusk
7.
East Beach Park
Dusk
8.
Fox Ridge Park
10:00 P.M.
9.
Freund Park
10:00 P.M.
10.
Green Street Park
Dusk
11.
Jaycees Park
Dusk
12.
Kiwanis Tot Lot
Dusk
13.
Knox Park
10:00 P.M.
14.
Lakeland Park
Dusk
15.
Lakeland Park Boat Launch
Dusk
16.
Liberty Trails Park
Dusk
17.
Malibu Playground
Dusk
18.
McHenry Shores Beach
Dusk
19.
Miller's Riverfront Park
Dusk
20.
Millstream Subdivision Beaches
Dusk
21.
Neumann Park
10:00 P.M.
22.
North Oak Park
Dusk
23.
Overton Park
Dusk
24.
Pebble Creek Park
Dusk
25.
Petersen Park
10:00 P.M.
26.
Pheasant Valley Park
Dusk
27.
Riverside Hollow Park
Dusk
28.
Rotary Park
10:00 P.M.
29.
Shamrock Farm Park
Dusk
30.
Veteran's Memorial Park
10:00 P.M.
31.
Walsh Park
10:00 P.M.
32.
Weber's Park
Dusk
33.
West Beach Park
Dusk
34.
Wheeler Park
Dusk
35.
Whispering Oaks Park
Dusk
B. Parks with sports facilities and other scheduled recreation and special event activities shall be
open until 10 p.m. when lights are turned on. Special event activities may extend beyond the 10
p.m. closing as approved by the City Council.
Sec. 16-43. Closing of areas by Director.
Any section or part of any park may be declared closed to the public by the Director at any time and for
any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either
entirely or merely to certain uses, as the Director shall find reasonably necessary.
Sec. 16-43.1. Authority of public officers to order closing of municipal parks.
Any police officer of the City may order the closing of any municipal park, or any part thereof, for any
interval of time, where, in the judgment of such police officer, the public safety or the maintenance of
law and order requires such closing; such closing order shall thereupon remain in full force and effect
until it is rescinded by the Chief of Police or by any other command officer of the police department of
the City of McHenry.
Sec. 16-43.2. Entering or remaining in closed parks prohibited.
No person shall enter, or remain in, any closed part of any municipal park during the time that such park
or part thereof has been closed by action of the Director, or by any police officer, under the authority of
this Chapter.
Sec. 16-44. Lost and found articles.
The finding of lost articles by park attendants shall be reported to the Director who shall make every
reasonable effort to locate the owners. The Director shall make every reasonable effort to find articles
reported as lost. Found articles will be kept at the Park Department offices for 30 days, after which they
will be discarded.
Sec. 16-45. Permits for group activities.
A permit shall be obtained from the Director before participating in any group park activity.
(a) Application. A person seeking issuance of a permit hereunder shall file an application
with the Director. The application shall state:
(1) The name and address of the applicant;
(2) The name and address of the person, persons, corporation or association sponsoring
the activity, if any;
(3) The day and hours for which the permit is desired;
(4) The park or portion thereof for which such permit is desired,
(5) An estimate of the anticipated attendance;
(6) Any other information which the Director shall find reasonably necessary to a fair
determination as to whether a permit should issue hereunder and recommend same
to City Council for action.
(b) Standards for Issuance. The Director shall issue a permit hereunder when the City
Council finds:
(1) That the proposed activity or use of the park will not unreasonably interfere with or
detract from the general public enjoyment of the park;
(2) That the proposed activity and use will not unreasonably interfere with or detract
from the promotion of public health, welfare, safety and recreation;
(3) That the proposed activity or use is not reasonably anticipated to incite violence,
crime or disorderly conduct;
(4) That the proposed activity will not entail unusual, extra -ordinary or burdensome
expense or police operation by the City;
(5) That the facilities desired have not been reserved for other use at the day and hour
required in the application.
(c) Anneal. Within fourteen days after receipt of an application, the Director shall apprise an
applicant in writing of the reasons for refusing a permit, and any aggrieved person shall
have the right to appeal in writing prior to the next regular meeting of the City Council,
and the City Council shall act upon the appeal at its next such regular meeting. The
decision of the City Council shall be final.
(d) Effect of Permit. A permittee shall be bound by park rules and regulations and all
applicable ordinances as fully as though the same were inserted in said permits.
(e) Liability of Permittee. The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatever by reason of the
negligence of the person or persons to whom such permit shall have been issued. At the
request of the Director, the permittee shall secure insurance to save the City harmless
from any claim or claims for damages which may arise from the use of the public
premises by permittee. The City shall be named as an additional insured on such policy
or policies, and permittee must produce proof of coverage and payment of premium
thereof prior to the use of the premises concerned.
Sec. 16-46. Airplanes prohibited on McCullom Lake and other bodies of water in the City.
No person shall operate any airplane on any portion of McCullom Lake which is located within the City
limits, nor upon any other body of water which is located within the City limits.
Sec. 16-47. Vehicles and certain water craft and motors prohibited on McCullom Lake.
Except as provided herein, no person shall operate any boat with a motor in excess of 10 horsepower or
a pontoon water craft with a motor in excess of 25 horsepower on any portion of McCullom Lake
located within the City limits.
Sec. 16-48. Charges for park and recreation facilities. (MC-88-445; MC-06-882)
No person shall use any park or recreation facility for which a fee, charge and/or deposit is specified in
this Section without first paying said fee or charge and/or deposit:
(A) Picnic Reservations. The rental fee and deposit for group picnic reservations will be as
follows:
Rental Fee
Deposit
Total
Family/WeddingfNon-Profit
Organizations
City Resident:
25 — 50 people
$ 50.00
$ 25.00
$ 75.00
51-150 people
$ 75.00
$ 50.00
$125.00
151 and over
$100.00
$ 75.00
$175.00
Family/Wedding/Non-Profit Organizations
Non -City Resident:
25 - 50 people
$100.00
$ 25.00
$125.00
51-150 people
$150.00
$ 50.00
$200.00
151 - 249 people
$200.00
$ 75.00
$275.00
250 and over
$250.00
$100.00
$350.00
Companies and Corporations:
Located in City of McHenry
$200.00
$150.00
$350.00
Located outside of City
$400.00
$150.00
$550.00
Special Events:
:? 5-249 people
$100.00
$100.00
$200.00
250 and over
$200.00
$100.00
$300.00
(B) Special Event Park Rentals at Petersen Park. The daily rental for the use of Petersen Park
for Special Events will be as follows:
Resident for Profit Non -Resident
]Less that 500 people
$300.00 $500.00
500-1000 people
$400.00 $750.00
Between 1,001 and 2,999 people
$500.00 $1,000
Greater than 3000 people
Fees and City Services to be negotiated
(C) Field Rentals. The daily rental fee and deposit for the use of a baseball, softball, and soccer
field by any team that does not participate in organized league play will be as follows:
Rental Fee Deposit Total
Weekend Picnic Group
$25.00 $25.00 $ 50.00
Weekday Group
$25.00 $25.00 $ 50.00
Weekend Group w/ Field Prep
$50.00 $50.00 $100.00
Lighting Fee (first two hours)
$25.00 $25.00
Lighting Fee (per additional hrs)
$15.00 $15.00
(D) Knox Park Swimming Pool Rentals. Daily and season passes for Knox Park Pool are
available for purchase at the Parks and Recreation Department Office. The rental fee for
exclusive use of Knox Park Swimming Pool will be as follows:
Rental Fee Total
Rental of Entire Pool:
Saturdays & Sundays from
7:15 p.m. to 9:15 p.m. $135.00 $135.00
includes two lifeguards
(E) Petersen Park Beach Rentals. Daily and season passes for Petersen Park Beach are available
for purchase at the Parks and Recreation Department Office. The rental fee for exclusive use
of Petersen Park Beach will be as follows:
Rental Fee Total
Rental of Entire Beach:
Fridays, Saturdays & Sundays $70.00 $70.00
6:00 p.m. to 8:00 p.m.
includes two lifeguards
16-49. Skateboards (MC-99-727) *
No person shall ride or operate a skateboard within any City park, except at such places as may be
designated by the Director and then only in accordance with the rules, regulations and restrictions
promulgated and posted.
* Cross-reference Traffic Code Section IX, 13-901.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this 24'h day of September, 2007.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
'Voting Nay: None.
Not Voting: None.
Absent: None.
.Abstain: None.
APPROVED:
ayor
(SEAL)
ATTEST: cam- L
Cit Cle c